Common use of Non-Foreign Status Clause in Contracts

Non-Foreign Status. Contributor is not a foreign person for purposes of Section 1445(a) of the Code, and is, therefore, not subject to the provisions of the Code relating to the withholding of sales proceeds to foreign persons.

Appears in 8 contracts

Samples: Contribution Agreement (Nexpoint Multifamily Capital Trust, Inc.), Contribution Agreement (Excel Trust, Inc.), Contribution Agreement (Excel Trust, Inc.)

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Non-Foreign Status. Contributor is not a foreign United States person for purposes of (as defined in Section 1445(a7701(a)(30) of the Code), and is, therefore, not subject to the provisions of the Code relating to the withholding of sales proceeds to foreign persons, and is not subject to any state withholding requirements. Contributor will provide affidavits to this effect as provided for in Section 2.3(f) of the Agreement.

Appears in 8 contracts

Samples: Contribution Agreement (Maguire Properties Inc), Contribution Agreement (Maguire Properties Inc), Contribution Agreement (Maguire Properties Inc)

Non-Foreign Status. The Contributor is not a foreign United States person for purposes of (as defined in Section 1445(a7701(a)(30) of the Code), and is, therefore, not subject to the provisions of the Code relating to the withholding of sales proceeds to foreign persons, and is not subject to any state withholding requirements. The Contributor will provide affidavits at the Closing to this effect as provided for in Section 2.3(e) of the Agreement.

Appears in 7 contracts

Samples: Contribution Agreement, Contribution Agreement (Easterly Government Properties, Inc.), Contribution Agreement (Easterly Government Properties, Inc.)

Non-Foreign Status. Each Contributor is not a foreign United States person for purposes of (as defined in Section 1445(a7701(a)(30) of the Code), and is, therefore, not subject to the provisions of the Code relating to the withholding of sales proceeds to foreign persons, and is not subject to any state withholding requirements. Each Contributor will provide affidavits at the Closing to this effect as provided for in Section 2.3(d) of the Agreement.

Appears in 4 contracts

Samples: Contribution Agreement (CoreSite Realty Corp), Contribution Agreement (CoreSite Realty Corp), Contribution Agreement (CoreSite Realty Corp)

Non-Foreign Status. Each Contributor is not a foreign United States person for purposes of (as defined in Section 1445(a7701(a)(30) of the Code), and is, therefore, not subject to the provisions of the Code relating to the withholding of sales proceeds to foreign persons, and is not subject to any state withholding requirements. Each Contributor will provide affidavits at the Closing to this effect as provided for in Section 2.3(g) of the Agreement.

Appears in 3 contracts

Samples: Contribution Agreement (Maguire Properties Inc), Contribution Agreement (Maguire Properties Inc), Contribution Agreement (Maguire Properties Inc)

Non-Foreign Status. The Contributor is not a foreign person for purposes of Section 1445(a) of the Code, and is, therefore, not subject to the provisions of the Code relating to the withholding of sales proceeds to foreign persons.

Appears in 3 contracts

Samples: Contribution Agreement (Broadstone Real Estate Access Fund, Inc.), Contribution Agreement (Independence Realty Trust, Inc), Contribution Agreement (Independence Realty Trust, Inc)

Non-Foreign Status. The Contributor is not a foreign United States person for purposes of (as defined in Section 1445(a7701(a)(30) of the Code) and is not a “foreign person” (within the meaning of Section 1445 of the Code), and is, therefore, not subject to the provisions of the Code relating to the withholding of sales proceeds to foreign persons., and is not subject to any state withholding requirements. The Contributor will provide affidavits at the Closing to this effect as provided for in this Section 4.2.7. 4.2.8

Appears in 3 contracts

Samples: Contribution Agreement (Lodging Fund REIT III, Inc.), Contribution Agreement (Lodging Fund REIT III, Inc.), Contribution Agreement (Lodging Fund REIT III, Inc.)

Non-Foreign Status. The Contributor is not a foreign United States person for purposes of (as defined in Section 1445(a7701(a)(30) of the Code), and is, therefore, not subject to the provisions of the Code relating to the withholding of sales proceeds to foreign persons, and is not subject to any state withholding requirements. The Contributor will provide affidavits at the Closing to this effect as provided for in Section 2.3(g) of the Agreement.

Appears in 2 contracts

Samples: Contribution Agreement (Digital Realty Trust, Inc.), Contribution Agreement (Digital Realty Trust, Inc.)

Non-Foreign Status. The Contributor is not a foreign United States person for purposes of (as defined in Section 1445(a7701(a)(30) of the Code), and is, therefore, is not subject to the provisions of any withholding requirements under the Code relating to the withholding of sales proceeds to foreign personsor other applicable law in connection with any payment or consideration contemplated under this Agreement.

Appears in 2 contracts

Samples: Contribution Agreement (Walker & Dunlop, Inc.), Contribution Agreement (Walker & Dunlop, Inc.)

Non-Foreign Status. Each Contributor is not a foreign United States person for purposes of (as defined in Section 1445(a770 l(a)(30) of the Code), and is, therefore, not subject to the provisions of the Code relating to the withholding of sales proceeds to foreign persons, and is not subject to any state withholding requirements. Each Contributor will provide affidavits at the Closing to this effect as provided for in Section 2.3(g) of this Agreement.

Appears in 2 contracts

Samples: Contribution Agreement (Thomas Properties Group Inc), Contribution Agreement (Thomas Properties Group Inc)

Non-Foreign Status. Such Contributor is not a foreign United States person for purposes of (as defined in Section 1445(a7701(a)(30) of the Code), and is, therefore, is not subject to the provisions of any withholding requirements under the Code relating to the withholding of sales proceeds to foreign personsor other applicable law in connection with any payment or consideration contemplated under this Agreement.

Appears in 2 contracts

Samples: Contribution Agreement (Walker & Dunlop, Inc.), Contribution Agreement (Walker & Dunlop, Inc.)

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Non-Foreign Status. Each Contributor is not a foreign United States person for purposes of (as defined in Section 1445(a7701(a)(30) of the Code), and is, therefore, not subject to the provisions of the Code relating to the withholding of sales proceeds to foreign persons, and is not subject to any state withholding requirements. Each Contributor will provide affidavits at the Closing to this effect as provided for in Section 2.3(h) of the Agreement.

Appears in 1 contract

Samples: Contribution Agreement (Digital Realty Trust, Inc.)

Non-Foreign Status. The Contributor is not a foreign United States person for purposes of (as defined in Section 1445(a7701(a)(30) of the Code), and is, therefore, not subject to the provisions of the Code relating to the withholding of sales proceeds to foreign persons. The Contributor will provide an affidavit at the Closing to this effect as provided for in Section 2.3(e) of the Agreement.

Appears in 1 contract

Samples: Contribution Agreement (Strawberry Fields REIT, Inc.)

Non-Foreign Status. Such Contributor is not a foreign United States person for purposes of (as defined in Section 1445(a7701(a)(30) of the Code), and is, therefore, not subject to the provisions of the Code relating to the withholding of sales proceeds to foreign persons, and is not subject to any state withholding requirements. Such Contributor will provide affidavits at the Closing to this effect as provided for in Section 2.3(e) of the Agreement.

Appears in 1 contract

Samples: Contribution Agreement (Hudson Pacific Properties, Inc.)

Non-Foreign Status. Each Contributor is not a foreign United States person for purposes of (as defined in Section 1445(a7701(a)(30) of the Code), and is, therefore, not subject to the provisions of the Code relating to the withholding of sales proceeds to foreign persons, and is not subject to any state withholding requirements. Each Contributor will provide affidavits at the Closing to this effect as provided for in Section 2.3(e) of the Agreement.

Appears in 1 contract

Samples: Contribution Agreement (Hudson Pacific Properties, Inc.)

Non-Foreign Status. The Contributor is not a foreign United States person for purposes of (as defined in Section 1445(a7701(a)(30) of the Code) and is not a “foreign person” (within the meaning of Section 1445 of the Code), and is, therefore, not subject to the provisions of the Code relating to the withholding of sales proceeds to foreign persons, and is not subject to any state withholding requirements. The Contributor will provide affidavits at the Closing to this effect as provided for in this Section 4.2.8.

Appears in 1 contract

Samples: Contribution Agreement (Lodging Fund REIT III, Inc.)

Non-Foreign Status. The Contributor is not a foreign United States person for purposes of (as defined in Section 1445(a7701(a)(30) of the Code) and is not a “foreign person” (within the meaning of Section 1445 of the Code), and is, therefore, not subject to the provisions of the Code relating to the withholding of sales proceeds to foreign persons, and is not subject to any state withholding requirements. The Contributor will provide affidavits at the Closing to this effect as provided for in this Section 4.2.7.

Appears in 1 contract

Samples: Contribution Agreement (Lodging Fund REIT III, Inc.)

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